Romero-Mendoza v. Kane

Filing 18

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 16 and that the Petition for Writ of Habeas Corpus 1 is denied, without prejudice, as moot; the Clerk of the Court shall enter judgment accordingly. Signed by Judge James A Teilborg on 12/1/11. (TLJ)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Joseph Aaron Romero-Mendoza, 10 Petitioner, 11 vs. 12 Katrina Kane, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-1275-PHX-JAT ORDER 15 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus filed 16 pursuant to 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation 17 (“R&R”) (Doc. 16) recommending that the Petition be denied at moot. 18 Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts 19 the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not 20 required to conduct “any review at all . . . of any issue that is not the subject of an objection” 21 (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 22 banc) (“statute makes it clear that the district judge must review the magistrate judge’s 23 findings and recommendations de novo if objection is made, but not otherwise” (emphasis 24 in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 25 Therefore, 26 IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 16) 27 is ACCEPTED and ADOPTED; 28 1 IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1) 2 is denied, without prejudice, as moot; the Clerk of the Court shall enter judgment 3 accordingly. 4 DATED this 1st day of December, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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